Sturgeon v. Culver

Citations

• 87 Kan. 404
• 124 P. 419
• 1912 Kan. LEXIS 159

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Agency—Letters—Pleadings—No Departure. In a petition plaintiff set forth certain letters which, it was claimed, constituted a contract of agency. The answer was a denial and an averment that the defendant was not authorized to enter into the contract. The reply met the latter defense and pleaded other correspondence tending to support the contract pleaded in the petition. As the new facts in the reply did not contradict those set forth in the petition it can not be deemed a departure, and the admission in evidence of the additional letters was not error.</p> <p>2. Agency — Commission—Title to Real Estate. It is no defense to an action brought by an agent to recover a commission for negotiating a sale of real estate that the principal does not hold the title to the land.</p> <p>3. Estates — No Debts — No Necessity to Sell Real Estate. Where an estate of a deceased person is in process of settlement and there is no claim filed against the estate nor any debts left by the deceased there is no occasion for the heirs, to whom the real estate descended, to apply to the probate court for authority to sell it. Such authority is only required where the personal estate is insufficient to meet the indebtedness of the deceased.</p>